Public Notice: Transmission Gully Proposal
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PUBLIC NOTICE Transmission Gully Proposal Application for Notices of Requirement and Resource Consents In accordance with section 149C of the Resource Management Act 1991 (RMA), the EPA gives notice of the direction of the Hon Dr Nick Smith, Minister for the Environment (the Minister), to refer the matters lodged for the Transmission Gully Proposal (the proposal) to a board of inquiry. The New Zealand Transport Agency (NZTA), Porirua City Council (PCC), and Transpower New Zealand Limited (Transpower) (the applicants) have lodged applications for notices of requirement and resource consents (collectively known as matters) with the Environmental Protection Authority (EPA1). In deciding whether the matters are a proposal, or part of a proposal, of national significance, the Minister had regard to relevant factors in section 142(3) of the RMA. In making his decision, the Minister also had regard to the views of the applicants (NZTA, PCC and Transpower), the relevant local authorities (Wellington Regional Council, Wellington City Council, Porirua City Council, Upper Hutt City Council and Kapiti Coast District Council), who consider that the proposal should be directed to a board of inquiry, and the EPA‟s recommendation that the matters be so directed. The Minister considers the matters, as set out below, are a proposal, or part of a proposal, of national significance for the reasons identified in the „Reasons for Direction‟ section below, and has directed that they be decided by a board of inquiry in accordance with Part 6AA of the RMA. Under Section 149R of the RMA, the board must make its decision on the matters and produce a final report not later than nine months after the date of public notification of the Minister‟s direction. 1 The Environmental Protection Authority is a crown agent, responsible for processing applications of national significance. www.epa.govt.nz 2 Public Notice: Transmission Gully Overview of Notices of Requirement and Resource Consents The matters for the Proposal consist of four components: The Main Alignment involves the construction, operation and maintenance of a 27 km section of state highway, formed to an expressway standard, from Linden to MacKays Crossing. The NZTA is the applicant for the Main Alignment. The Kenepuru Link Road involves the construction, operation and maintenance of a limited access state highway connecting the Main Alignment to western Porirua between Kenepuru Drive and the Kenepuru interchange. The NZTA is the applicant for the Kenepuru Link Road. The Porirua Link Roads involve the construction, operation and maintenance of two local roads (the Whitby Link Road and the Waitangirua Link Road) to connect the Main Alignment to the existing eastern Porirua road network. The Porirua City Council is the applicant for the Porirua Link Roads. The relocation of 24 transmission towers, between the Pauatahanui sub-station at State Highway 58 and MacKays Crossing, to accommodate the construction and operation of the Main Alignment. Transpower is the applicant for the transmission line relocation. September 2011 EPA0054 3 Public Notice: Transmission Gully NZTA lodged: Four (4) notices of requirement with the EPA for the designation of land required for the construction, operation and maintenance of the Transmission Gully Main Alignment within Kapiti Coast District (NoR 1), Upper Hutt City (NoR 2), Porirua City (NoR 3) and Wellington City (NoR 4); Two (2) notices of requirement with the EPA for the designation of land and airspace required for the construction, operation and maintenance of the Kenepuru Link Road within Wellington City (NoR 5) and Porirua City (NoR 6); and Sixteen applications for resource consent with the EPA for activities required for the construction, operation and maintenance of the Transmission Gully Main Alignment and the Kenepuru Link Road, which require resource consents under Wellington regional plans. PCC lodged: One notice of requirement with the EPA for the designation of land required for the construction, operation and maintenance of the Whitby Link Road within Porirua City (NoR 7); One notice of requirement with the EPA for the designation of land required for the construction, operation and maintenance of the Waitangirua Link Road within Porirua City (NoR 8); and Four (4) applications for resource consent with the EPA for activities required for the construction, operation and maintenance of the Porirua Link Roads, which require resource consents under Wellington regional plans. Transpower New Zealand Limited lodged: Two (2) applications for resource consent with the EPA for the relocation of the electricity transmission lines as required by the Transmission Gully Proposal. How to make a submission Any person can make a submission on the matters. The submission must be in writing on the prescribed form, and be received by the EPA no later than 5.00pm, Friday 14 October 2011. Submission forms are available from http://www.epa.govt.nz/Resource-management/tg/Pages/Submissions.aspx or can be requested by calling 0800 EPA TGUL (0800 372 8485). Your submission must include the following information: your name and address including your post code, phone number and email address; details of the matters (ie application(s) for notices of requirement and/or resource consents) in respect of which you are making the submission; whether you are neutral, support in full, support in part, oppose in full, or oppose in part the relevant application(s) for notices of requirement and resource consents and your reasons for your submission, the decision you seek from the Board of Inquiry; and whether or not you wish to be heard in support of your submission. In addition, it would assist the inquiry process if you indicated in your submission whether you intend to provide evidence from any witness during the inquiry process and the areas or issues the evidence will address. The EPA can receive submissions in a number of ways: September 2011 EPA0054 4 Public Notice: Transmission Gully by email, if the size of the email, including your submission, is smaller than 5MB; on an electronic storage device (eg, CD or memory stick), particularly if your submission is larger than 5MB in size; by fax; or in hard copy. Submissions must be received by 5.00 pm, 14 October 2011. Please mark in the subject line: „Submission: (your name), Transmission Gully Proposal‟, and send your completed submission to the Environmental Protection Authority at the addresses below: By email: [email protected] Or by post: Environmental Protection Authority Transmission Gully Proposal PO Box 10720 The Terrace Wellington 6143; Or by fax: 04 439 7714 You must also send a copy of your submission to the applicants. NZTA is acting as agent for PCC and Transpower, which means you only need to send your submission to the NZTA to meet this requirement. NZTA‟s address for service is: NZ Transport Agency Attention: Greg Lee Transmission Gully Team NZ Transport Agency PO Box 6057 Wellington 6141; Or email: [email protected]; Or by fax: 04 910 2559 September 2011 EPA0054 5 Public Notice: Transmission Gully Board of Inquiry Draft Timeline These timeframes are indicative only and may change at direction from the Board. Public Notification 17 September 2011 (confirmed) Close of Submissions 14 October 2011 (confirmed) Pre-hearing conference* 25 October 2011 Applicants‟ evidence in chief* 11 November 2011 Expert conferencing* 21 November – 2 December 2011 Submitter‟s expert evidence* 14 November - 16 December 2011 Applicant‟s rebuttal evidence * 20 January 2012 Hearing start* 7 February 2012 Final Decision Report* 15 June 2012 The Board of Inquiry may also provide for facilitated meetings between the applicants and submitters. If those arrangements are made, a timetable addressing them is likely to be issued following the close of submissions on 14 October 2011. *When preparing evidence statements please refer to the Environment Court Consolidated Practice Note 2006 (www.justice.govt.nz/courts/environment-court) as amended. Particular regard should be paid to indexing, focus, succinctness, pagination and the use of protruding tabs for attachments (paragraphs 2.15, 2.16, 4.3 and 5.3). Next steps Inquiry process The Board will issue hearing procedures outlining the way in which they intend to run the inquiry process, including procedures for evidence exchange. It is strongly recommended that all parties who want to be involved in the inquiry process take note of the Board‟s hearing procedures, which will be available on the EPA‟s website: http://www.epa.govt.nz/Resource-management/tg/Pages/default.aspx. Decision process After the Board completes its inquiry on the application, they will prepare a draft decision report. The EPA will circulate the draft report to the applicant, the local authority, submitters, and the Minister for the Environment. These parties may make comments on minor or technical aspects of the report. The Board will then consider any comments received on the draft report and produce a final decision report no later than nine months after the day of this public notice. September 2011 EPA0054 6 Public Notice: Transmission Gully Where the information can be viewed The applications for Notices of Requirement and Resource Consents can be viewed on the EPA‟s website at: http://www.epa.govt.nz/Resource-management/tg/Pages/default.aspx. They can also be viewed in hard copy at the following locations during normal office hours: Environmental Protection Authority BP House (Level 1), 20 Customhouse